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Maroc Maroc - ARMCHAIRMAYOR.CA - A La Une - 13/Nov 12:10

CHARBONNEAU – Privately owned property can exist on Indigenous land

DESPITE THE ANGER and panic created over the Cowichan court decision, privately owned property (fee simple) can and does exist on Indigenous governed land. It should be noted that private buildings, hydro facilities, highways, municipal buildings are not part of the transfer. The Crown and private individuals continue to own their improvements. The difference is that they may now need to negotiate terms (leases, access rights, compensation) with the Cowichan. Such a model exists. Despite assurances by Indigenous leaders that they have no intention on seizing private properties, some have inflamed that possibility. MLA Eleanore Sturko accused the provincial government of keeping British Columbians in the dark on the issue. Robin Junger, Vancouver lawyer and former provincial chief treaty negotiator, said in the Mike Smyth radio show, “Yes, both Aboriginal title and fee simple give the holder the right to use, exclusive right to use the property, to occupy it, to possess it, and to get the benefits of it. How you can possibly have both exist at the same time in the same place is beyond my simple mind’s ability to comprehend.” You don’t need a complex mind, Robin, to realize that an innovative solution already exists. There is [...]

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